경찰수사의 종결과 그 책임성 담보 방안

The 2020 amendment to the Criminal Procedure Act fundamentally restructured the Korean criminal justice system by abolishing the Prosecutor’s general investigative direction and granting the police independent authority to conclude investigations via the right of non-referral. While designed to expedite the legal process for suspects, this realignment has inadvertently led to procedural complexity and systemic delays. As responsibility between agencies blurred, a "ping-pong" phenomenon emerged, characterized by repetitive cycles of non-referrals, objections, and requests for supplementary investigations. To enhance police accountability, several strategic reforms are necessary. First, police personnel and training must be reinforced to match the increased workload. Second, statutory investigative time limits should be codified in the Criminal Procedure Act along with robust monitoring systems. Third, the current objection to the decision of non-referral should be replaced with an internal Police Complaint mechanism and a court-led Judicial Review to ensure independent police responsibility. Finally, an independent National Investigation Commission should be established to coordinate jurisdictions among various investigative agencies, such as the Investigation Office on High Ranking Officers’ Corruption, the Police, and the Investigation Office on Serious Crimes, and provide external oversight of investigative conclusions. By balancing increased resources with independent judicial and administrative control, these reforms will foster a more transparent and efficient investigative framework.